Discussing and Changing the Law

Thinking about Legal Changes

Articles and Research

This article discusses this current crisis of over-representation of Aboriginal women in Canada’s Federal Corrections system, meaning Aboriginal women are being sent to prison in disproportionately large numbers compared to other groups of women.

In 2008, the United Nations Security Council (UNSC) passed a resolution on the topic of women, peace and security which recognized the use of sexual violence as a systematic weapon of war. This article will provide a brief overview of the resolution and the background leading up to its passing.

The Bedford case was brought forward in 2008 by 3 sex workers who challenged Canada’s laws about prostitution, arguing that the laws should be changed to protect the health and human rights of sex workers. On December 20 2013, the Supreme Court released its decision that the challenged provisions of the Criminal Code were unconstitutional.

In March, 2015, Ontario Premiere Kathleen Wynne released a new Action Plan to Stop Sexual Violence and Harassment. Through this Plan, the government aims to establish an “Ontario where everyone lives in safety and is free from the threat, fear or experience of sexual violence and harassment.”

Important Legal Cases

On February 10, 2012, the Supreme Court of Canada (SCC) released its decision in this case, which ruled on the ability of adults with intellectual disabilities to testify (tell their story as evidence in court). The case involved a sexual assault complainant with a mental disability whose ability to testify was questioned.

This article will discuss a case where the Supreme Court of Canada dealt with the issue of an unfair separation agreement between spouses. The court’s findings impact women’s rights and may have particular importance for women in rural areas.

This landmark case dealt with the question of whether a woman can testify wearing her niqab (Muslim face and head covering which shows only the eyes). This case was about rights to religious freedom, rights of an accused person to a fair trial, and the rights of women survivors of sexual violence to access justice.

The Criminal Code of Canada states that it is a crime to be married to more than one person at a time (polygamy). The 2011 Polygamy Reference at the Supreme Court of British Columbia (B.C.) centered on whether or not polygamy should remain a criminal offence

This is a case about a woman who hired a hit man to have her husband killed after years of severe domestic violence. She was caught by the RCMP and charged for trying to kill her husband. At trial, she tried to use a rare defence called “duress” to justify her crime.

Third-party records are important in sexual assault cases because many of the records hold personal information about you or another witness that can either make you seem more or less believable. This article discusses the approaches the Supreme Court of Canada and the legislature have taken to this issue over the years.

This case dealt with whether sexual harassment itself is a form of sexual discrimination and what the test is to prove discrimination. In November 2012, the British Columbia Court of Appeal made it clear that sexual harassment is a form of discrimination based on sex;

This article explains the constitutional challenge to Canada’s sex work laws in the court case known as Bedford v. Canada. Bedford was brought forward in 2008 by 3 sex workers who challenged Canada’s laws about prostitution, arguing that the laws should be changed to protect the health and human rights of sex workers.

This article discusses the Federal Court of Appeal decision on Canada (Attorney General) v. Johnstone, 2014 FCA 110. The issue in this case was whether a mother was discriminated against based on “family status” because her employer refused to give her the work schedule that she said she needed to look after her children.

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OWJN contains general legal information only. OWJN does not give legal advice. If you need legal advice, you should contact a lawyer, who can help you make decisions about your legal rights. You may be eligible for legal advice from a community Legal Aid clinic.